RAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein has been arrayed as accused No.1 among the two accused in the instant Crime No.1785/2019 of Pandalam Police Station, which has been registered for offences punishable under Section 118(i) of Kerala Police Act 2011, Sections 6 and 24 of the Cigarettes and other Tobacco Products Act , 2003, Section 77 of the Juvenile Justice (Care and Protection of Children) Act , 2015 and Section 34 of the IPC.

(2.) The prosecution case in short is that with the intention to sell Hans, it is stated to be a tobacco product and to gain unlawful enrichment etc., the petitioner herein (A1) along with A2 was found to be in possession of 39000 packets of Hans stored in the rental premises owned by another person and that the Police party has recovered the same on 26.10.2019 at 7 p.m and has registered the case. The petitioner has been arrested in this case on 27.10.2019 and after his remand, has been under detention since then.

(3.) Sri. K.V. Anil Kumar, learned counsel for the petitioner would point out that the offences as per Sections 6 and 24 of the Tobacco Act and Section 118(i) of the Kerala Police Act, 2011 are bailable offences and that the only non-bailable offence included in this case is the one as per Section 77 of the J.J. Act, 2015. It is pointed out that there are no allegations anywhere in the F.I.R that the petitioner has caused sale of any such tobacco products like Hans to any school children or that they had intended to do so or that the place from where it is said to have been alleged by the Court is near or proximate to the school etc. where the students below the age of 18 years are studying and that therefore, the offence as per Section 77 of the J.J. Act, 2015 is not brought out going by the admitted allegations of the prosecution case. Further it is pointed out that as the petitioner has already suffered detention in this case for the last 19 days, this Court may order to release him on regular bail subject to stringent conditions and his further detention may not be necessary.